The legality of extending an agreement between Chatham County and the preferred contractor of a proposed convention center, which could be built with the help of government funding, was questioned Friday prior to the county commission approving the 120-day extension in a 5-4 vote.

Commissioner Helen Stone, who voted against the motion along with commissioners Dean Kicklighter, Pat Farrell and David Gellatly, said she was concerned the proposal to build the hotel may have to put back out to bid since the previous 90-day extension was approved Aug. 12 — more than 90 days ago.

“To me, this raises a real legal question,” Stone said.

County Attorney Jon Hart said the extension was not executed until Sept. 22, when it was signed by Chairman Pete Liakakis, because he needed time to make amendments.

Rusty Ross, a lawyer representing some area hotels that oppose the proposal, said if the extension was not executed until after the original Sept. 13 expiration date, then it was invalid.

“You can’t have it both ways,” Ross said.

Ross’s comments came after Commissioner Harris Odell had called for the question, which is supposed to end discussion of the matter.

“The date of execution is the key date,” Odell said. “The (agreement) has not expired.”

Commissioners consented to open the issue back up after some in attendance who were upset with the commission’s plan to move forward without public comment demanded that Ross be given a chance to speak.

The extension is meant to give more time for county staff to confirm financial projections of the hotel’s performance as well as discern any impact on existing hotels’ business. The county is also waiting on an answer from the state as to whether the hotel qualifies for a tourism development sales tax refund seen as a key component of the proposal.

The county also agreed with the split vote to consider within 30 days the adoption of an inducement resolution that would declare the county’s intent to proceed with the hotel, as long as certain assurances, such as a finding that the county’s bond rating would not be impacted, are in place.

The resolution would be similar to one commissioners passed earlier Friday, in a unanimous vote, that states the county’s intention to guarantee $195 million in bonds for Memorial University Medical Center.

The health care provider wants to use the county’s higher bond rating to obtain lower interest rates on its debt payments and lower the hospital’s reserve fund restrictions, which would free up about $60 million for capital improvement projects.

As part of the resolution, commissioners attached a list of 17 tasks to complete before the refinancing can take place. The tasks include exploring the possibility of the hospital assisting in county health programs such as its inmate medical services at the detention center.